Terms of Use

Last Revision: February 7, 2013

The EmailTray software is a unique solution that offers smart email prioritizing and notification about new priority emails. The EmailTray software functions as the Email Dashboard (support for POP3, IMAP, MS Exchange) that aggregates the messages from all of your email accounts in one place.

1. Acceptance of Terms

Internet Promotion Agency shall provide its services to users subject to the following Terms of Use (hereinafter "Terms"). By using the EmailTray software, you agree to be bound by these Terms, whether you are a visitor (which means that you simply browse the EmailTray website, currently located at: http://www.emailtray.com) or you are a registered user (which means that you have installed the EmailTray software on your computer and registered an EmailTray account). Please read these Terms carefully. If you do not agree with them, you should leave the EmailTray website, uninstall the EmailTray software and discontinue use of the Internet Promotion Agency’s services immediately.

Internet Promotion Agency may modify these Terms from time to time and such modifications shall be effective upon posting them on the EmailTray website. You agree to be bound to any changes to these Terms when you use the Internet Promotion Agency’s services after any such modification is posted. It is therefore important that you review these Terms regularly to ensure you are updated of any changes.

2. Registration

To become an EmailTray user, Internet Promotion Agency offers installation of the EmailTray software. After the installation is complete, you will be prompted to provide your email address and password to create your EmailTray account. The provided email address and password shall be used by the EmailTray software to sign in to your account on Internet Promotion Agency’s servers. This will let you use the Internet Promotion Agency’s services from any computer on which you installed the EmailTray software.

3. Description of Service

Once you have installed the EmailTray software and registered your EmailTray account, you can start using the Internet Promotion Agency’s services. When you open the EmailTray software settings for the first time, you are prompted to add your email accounts to the list of accounts tracked by the EmailTray software.

The EmailTray software analyzes your previous email behavior and communications to determine the email contacts that are important to you. The emails from these contacts will be assigned either the "Top priority" or the "Low priority" level of importance. When you receive emails from these contacts, the EmailTray software will notify you with a mail ticker and a sound alert upon receipt of such emails.

When emails from your important contacts are accidentally mislabeled as spam by a third-party spam filter, the EmailTray software will rescue them from the spam folder back to the Inbox and will notify you with a special mail ticker.

Clicking on the EmailTray icon in the Windows system tray you open the EmailTray software window where the emails from all of your email accounts are aggregated and grouped by importance. Emails that are labeled as "Top priority" or "Low priority" can be found correspondingly under the "Top priority" or "Low priority" preview tabs of the EmailTray software window, whereas all other emails are put under the "No priority" preview tab. The junk mail messages can be viewed under the "Spam" tab. The messages that might require your revision or manual assigning of the priority level can be found under the "Revise" tab. The sent emails can be viewed in the "Sent" section of the EmailTray software window.

The EmailTray software verifies the email address authenticity for those senders that participate in the EmailTray Official Email service. Once an email’s authenticity is verified, the EmailTray software shows icons for the verified senders in the Inbox section of the EmailTray software window to make sure that the sender is authentic.

When you view the emails from the EmailTray users in the EmailTray Inbox, you will see a sender’s photo and a professional headline. When you view emails from senders that are not registered in the EmailTray system, the EmailTray software shall attempt to get some data about the sender (e.g. picture, name, occupation) from our partner companies. To do this, the EmailTray software shall hash and securely send a sender’s email address to a partner’s API. If a sender has an account with the given partner and configured this data to be shared publicly, the EmailTray software makes the data visible in the EmailTray Inbox.

4. User Conduct

The EmailTray software is provided for your personal, non-commercial use only. You may not use the EmailTray software for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content.

EmailTray users can upload a photo and enter a professional headline into their business card in the EmailTray software. You are solely responsible for any data, text, information, graphics and photos that are submitted to the Web CEO’s servers via the EmailTray software.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions to the Internet Promotion Agency’s servers via the EmailTray software. You agree NOT to:

Submit materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.

Submit materials of any third party without such third party’s prior written consent, or materials that falsely express or imply that such materials are sponsored or endorsed by Internet Promotion Agency.

Create a false or misleading identity of, including, but not limited to, a Internet Promotion Agency employee or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message.

Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Use the EmailTray software in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Internet Promotion Agency’s servers.

Attempt to gain unauthorized access to the Internet Promotion Agency’s servers, other accounts, computer systems or networks connected to the EmailTray software, through password mining or any other means.

Distribute any unsolicited or unauthorized advertising, promotional materials, spam or any other form of such solicitation.

Collect email addresses or other contact information of the EmailTray users by electronic or other means.

Internet Promotion Agency may, but shall have no obligation to, remove materials that were determined in our sole discretion as unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms.

If you are entitled or obligated to act contrary to these Terms under any mandatory law, you agree to provide Internet Promotion Agency with 30 (thirty) days prior written notice before you act contrary to these Terms to allow Internet Promotion Agency assess whether we may provide alternative remedy for the situation.

5. Privacy Policy

The privacy of the EmailTray users is very important to us, so the use of the Internet Promotion Agency’s services is also governed by our Privacy Policy, which is incorporated into the Terms by this reference.

6. Copyright Protection Policy

You may not post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and posted on the Internet Promotion Agency’s servers without your permission or in any other way that constitutes copyright infringement, please contact us at support@emailtray.com

7. DISCLAIMER

TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. INTERNET PROMOTION AGENCY AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY OR NON-INFRINGEMENT. INTERNET PROMOTION AGENCY AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT GUARANTEE AND DO NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF ITS SERVICES; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. INTERNET PROMOTION AGENCY AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. LIMITATION ON LIABILITY

TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, INTERNET PROMOTION AGENCY AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ALSO LOST PROFITS) ARISING FROM YOUR USE OF THE INTERNET PROMOTION AGENCY’S SERVICES, EVEN IF INTERNET PROMOTION AGENCY AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF INTERNET PROMOTION AGENCY AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO FIVE HUNDRED U.S. DOLLARS (US$ 500). YOU AGREE THAT IF NO FEES ARE PAID TO INTERNET PROMOTION AGENCY AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM INTERNET PROMOTION AGENCY AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, REGARDLESS OF THE CAUSE OF ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. Termination

The EmailTray users may terminate the Terms at any time by sending notice to Internet Promotion Agency which shall be effective upon processing such notice by Internet Promotion Agency. Internet Promotion Agency may terminate the Terms for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice.

Internet Promotion Agency adheres to the policy of terminating, in appropriate circumstances and at Internet Promotion Agency’s sole discretion, users who are deemed to be repeat infringers under the United States Copyright Act. Internet Promotion Agency may also at its sole discretion limit access to the EmailTray system and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

10. General

These Terms shall be governed by and construed in accordance with the laws of Belize without regard to conflict of laws principles. The Terms constitute the entire agreement between you and Internet Promotion Agency and govern your use of the EmailTray software, superseding any prior agreements between you and Internet Promotion Agency. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.

By using the EmailTray software, you agree to receive emails from Internet Promotion Agency. These emails shall include notices about your account and information concerning or related to the Internet Promotion Agency’s services. These emails are part of your relationship with Internet Promotion Agency. You agree that any notice, agreement, disclosure or other communications that Internet Promotion Agency sends to you electronically will satisfy any legal communication requirements.

You may not assign these Terms to anyone and any assignment of these Terms by you shall be null and void.

The section titles and numbering of these Terms are displayed for convenience and shall have no legal effect.